THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.11159 of 2017 % Dated 22.08.2025 # K. Narayanappa S/o Sri K.Venkata Swamy, R/o Bunglow 40, Pokalawada Village, Manikonda, Rajendranagar, Ranga Reddy.

….Petitioners VERSUS $ The State of Telangana Represented by the Public Prosecutor, High Court of Hyderabad and another.

… Respondents ! Counsel for Petitioner : Mrs. Anuradha Cherukuri ^ Counsel for Respondents : Asst. Public Prosecutor, for respondent No.1 Mr.G.Ashok Reddy, counsel for respondent No.2 < GIST:

> HEAD NOTE:

? CITATIONS:

1. (2009) 3 SCC 78

2. (2010) 10 SCC 361

3. (2007) 12 SCC 1

4. (2020) 13 SCC 435 5. (2017) 13 SCC 369 6. (2008) 13 SCC 678 7. (2008) 11 SCC 520 8. (2019) 10 SCC 373

9. (2008) 3 SCC 753 10. (2012) 7 SCC 621

11. 2015 SCC OnLine SC 1925 12. 2003 SCC OnLine AP 1247

13. 2001(1) A.P.L.J. 276 (HC)

14. (1976) 3 SCC 736

15. (2024) 10 SCC 690

16. (2015) 3 SCC 424

17. (2019) 14 SCC 350 18. (2019) 20 SCC 539 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 11159 of 2017

ORDER:

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused seeking to quash the proceedings in C.C.No.944 of 2015 on the file of the XXIII Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District, for the offence under Section 420 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Brief facts of the case:

Respondent No.2/de facto complainant filed a complaint stating that it is a reputed construction company engaged in several development projects in Hyderabad and Secunderabad. One such venture, styled as “The Trails”, was undertaken at Pokalwada Village, Rajendranagar Mandal, Ranga Reddy District, consisting of about 63 villas. Out of these, 31 villas fell to his share under development agreements with the landowners. Thereafter, the petitioner approached him seeking to purchase Villa No.40 in the said project. Accordingly, an Agreement of Sale dated 28.01.2010 was executed for a consideration of Rs.1,10,00,000/-, together with a Construction Agreement on the same day for Rs. 65,00,000/-. Later, a Supplementary Agreement dated 24.05.2010 was entered into, whereby the petitioner agreed to pay an additional Rs.71,00,000/- towards interiors and amenities. Despite non-payment of the entire agreed consideration, he completed the construction work. The petitioner has issued three post-dated cheques for Rs.85,11,320/- along with a covering letter dated 27.09.2010, on which, he executed a registered Sale Deed dated 29.09.2010 and delivered possession of Villa No. 40. One of the cheques when he presented in the bank, the same was dishonoured and on the request of the petitioner, he withheld the remaining two. Thereafter, by an Agreement dated 27.04.2012, the petitioner acknowledged liability of Rs.85,11,320/- and issued six fresh cheques and part payment of Rs.10,00,000/- in cash. These cheques too were dishonoured. Subsequently, under a letter dated 07.12.2012, two further cheques amounting to Rs.76,22,673/- were issued with an undertaking that in case of dishonour, he will be entitled to repossess the villa and proceed legally. On presentation, both these cheques were returned unpaid. A legal notice dated 29.04.2013 was then issued, which the petitioner denied by way reply dated 22.05.2013. Thereafter, he lodged a complaint leading to registration of Crime No. 487 of 2013 under Section 420 IPC at Raidurgam Police Station. The police, after investigation, filed a final report opining that the matter was civil in nature. Aggrieved, he filed a protest petition, resulting in C.C.No.944 of 2015. In the meantime, during efforts of settlement, the petitioner agreed to pay Rs.99,46,000/- and executed an unregistered Mortgage Deed dated 12.09.2013 mortgaging Ac.1.00 of land in Sy. No. 86 of Mokila Village, as security for repayment. It was agreed that the said amount would be cleared by 30.11.2013, failing which interest at 3% per month would be pay